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  • NEWS/NOTES: AdPayDaily Announces Tweak; Data Network Affiliates Asks Members To Participate In Imaginary Relaunch After Lecturing Churches On Their ‘MORAL OBLIGATION’ To Hawk MLM Program

    UPDATED 12:39 P.M. EDT (U.S.A.) An upstart autosurf pushed by members of the alleged AdSurfDaily Ponzi scheme has announced a confusing tweak in a confusing manner.

    In its announcement, AdPayDaily (APD) quoted 12 words from an attorney — and the quotation did not appear to be on the subject of legality. Rather, it appeared to be a general statement that all companies need sales to survive.

    Separately, a multilevel-marketing (MLM) company that claimed churches have a “MORAL OBLIGATION” to tell congregants about its $1,500 mortgage-reduction program that pays commissions 10 levels deep now is asking members to participate in an imaginary relaunch.

    Prospects willing to pay Data Network Affiliates (DNA) a fee to qualify for “Pro” status earn up to a “100% Matching Bonus” in the mortgage-reduction program, DNA said.

    In an email to members, DNA did not explain why it was lecturing churches on their purported moral duty to hawk an MLM program or instruct the churches on how to overcome sales objections if a minister, pastor or priest used a worship service or church facility to preach the gospel of DNA.

    DNA also did not explain if the clergy of non-Christian faiths had the same moral duty to flog a $1,500 MLM program targeted at people who could be on the verge of losing their homes.

    DNA supplemented the email with yet another email, asking members to imagine the company, which launched in March after missing at least two launch dates in February, was only now launching.

    “We are asking and calling on all DNA Leaders to FOCUS ON THE FUTURE… Make believe that July 26th, 2010 is the LAUNCH DATE for DNA…” the company said.

    In an apparent bid to drive home its point that an imaginary launch can be as effective as an actual launch, DNA again has added what it called a “NEW COUNTDOWN CLOCK” to its website.

    “OFFICIAL LAUNCH 7/26/2010,” DNA roared on its site. “Earn Up To $4500 Per Sale. LOCK IN YOUR POSITION NOW.”

    The message may be confusing to website visitors stopping at DNA’s site for the first time because it flatly states a launch is under way despite the fact DNA actually launched in March.

    A graphic that once advertised DNA Cellular, the company’s purported cell-phone arm, has been removed from the main page of the site. In April, DNA declared “GAME OVER — WE WIN” when it announced its purported cell-phone business that hawked a free phone with unlimited talk and text for $10 a month.

    The company later acknowledged that it studied cell-phone pricing only after announcing it had become the world’s pricing leader. It then withdrew the $10 offer, but members continue to promote it.

    In an email yesterday, DNA said it had learned “a lot of NOT TO DO kind of things” since it has been in business. It did not describe what it had learned not to do, choosing instead to inform members that “we have every guest you can have on tonight’s webinar” and urging members to focus on “the area of COMMISSIONS.”

    A previous guest on DNA’s conference calls has suggested that churches were wonderful places for members to record the license-plate numbers of congregants for entry into the company’s purported database. The same guest also recommended that DNA members record plate numbers at doctors’ offices.

    DNA has said its database could be used to locate abducted children.

    APD Tweaks Autosurf Pitch

    Saying it was relying on the advice of counsel, APD has tweaked its offer. In an announcement to members, the upstart surf provided a threadbare quote purportedly from its lawyer to explain the tweak.

    Here are the only words attributed to the attorney:

    “Every company needs new sales for survival and growth of the business.”

    And here is how APD explained the tweak after providing the 12-word quote:

    “To remain active and continue to earn commissions and viewing payments each month, all Reps are required to attract at least one new advertiser who makes a minimum purchase from outside funds of at least $100 or as an alternative an Advertiser/Rep can make a purchase of $100 from outside funds to qualify and remain active,” the company said.

    APD then pitched members on an 80/20 program.

    “[If] a Rep attracts a new advertiser who make (sic) a minimum purchase of $250 or more and the Rep rolls over at least 80% of the funds in their Cash account each month, they will earn a 20% commission for all additional sales in that month,” the company said. “10% of the commission will be paid with the sale and the remaining 10% will be paid on or before the 15th of the following month, assuming you qualify. Failure to qualify for two consecutive months will result in the deactivation of a Reps (sic) account.”

    In the past, private attorneys who have sued autosurfs have described so-called 80/20 or “rollover” programs as an effort to mask the true nature of the programs by minimizing the outflow of cash — in effect, trapping money in the system to achieve the mirage of sustainability.

    When the AdViewGlobal (AVG) autosurf announced a suspension of payouts in June 2009, it said that an 80/20 program would become mandatory if it ever dug itself out of the trench it created. Purported ASD “trainers” routinely promoted an 80/20 program.

    See earlier stories on APD here and here. See earlier story on DNA here.

  • MEMORY LANE: Before DailyProfitPond ‘Surf Tanked In 2008, Operators Warned That ‘Substainability’ Of 12 Percent Daily Payout Was ‘Questionable’

    EDITOR’S NOTE: We were researching an unrelated matter last night, and came across this gem (outlined below). In 2008, a number of autosurfs that became popular in the aftermath of the seizure of tens of millions of dollars from the personal bank accounts of AdSurfDaily President Andy Bowdoin tanked just prior to Christmas. One of them was Daily Profit Pond. The story below illustrates the fractured thinking that dominates the autosurf landscape — and the role promoters and autosurf “experts” play in spreading spectacular frauds virally on the Internet.

    As incredible as it sounds, an autosurf Ponzi known as Daily Profit Pond (DPP) said it was a legitimate business but warned prior to its collapse during the 2008 holiday season that its advertised payout rate of 12 percent a day might be unsustainable.

    Why promoters and members even had to ponder whether a Ponzi existed or the sustainability of an enterprise that advertised a 144 percent return in 12 days when there was no verifiable source of revenue beyond members’ funds was left to the imagination.

    But ponder it they did . . .

    In a missive to members, DPP described itself as thoughtful company that had listened to the input of unidentified “leaders” before making a decision to slash the advertised payout rate.

    “A few of our members got scarced (sic) and have contacted us that they want such a fine program like DPP to be here in the long run,” DPP said. “We have listen (sic) to these leaders and have decided to make some changes that will ensure the longterm success of DPP.”

    How did DPP address the sustainability issue?

    “[T]he management of DPP have decided to change the 12% daily plan which pays 144% in 12 days to a more realistic plan of 150% earnings in 30 days.”

    Yep. DPP suggested 144 percent in 12 days was too much, but added that 150 percent in 30 days was “more realistic.” DPP did not explain precisely how it had arrived at the conclusion that its new, 150 percent plan was a winner, but it noted (italics added):

    “The DPP administration are expects (sic) in the digital currency business and advertising business. This is where we intend to invest our members (sic) funds and the profit we generate will be used to substain (sic) our members payouts. This new strategy will enable DPP to be there in the long run when all other sites have closed and vanished into the (sic) thin air.”

    And like an overnight infomercial eager to add a free can of snake oil to the deal, DPP shrieked, “But Wait!” (Italics added):

    “How does this work, you may ask?

    “Henceforeth (sic), Our (sic) members will start earning 150% of their profit spots in 30 days. Ref. commission for upgraded members remains 12% down through 3rd levels (sic). 6% commission on level one, 3% ref commission on level two and three.”

    One promoter cheered DPP’s business acumen.

    “Well, I’m glad to see that someone at Daily Profit Pond is paying attention to the accounting,” he said. “They realize that their liability to their existing members is higher than the cash that is flowing in. You don’t have to be a math expert to realize that when you have more money going out than you have coming in, that you are going to run into cash problems pretty fast.

    “For the people who are upset by this change, I can understand where you are coming from but you have got to look at the alternative.

    “Would you rather keep earning 12% per day of virtual money that you will NEVER receive? Or would you rather earn 5% per day of money that you will actually be able to cash out? The choice is obvious.”

    Records suggest that DPP’s site vanished a week prior to Christmas in 2008. One ad viewed by the PP Blog prior to the collapse of DPP said it was possible to start with $12 and turn it into $12,000.

    Just days earlier DPP had lamented surf sites that vanish into “thin air.”

    Surfs such as DPP and MegaLido, which also went missing prior to the 2008 Holiday season, were particularly noxious. Members of AdSurfDaily and Golden Panda Ad Builder, whose assets were seized by the U.S. Secret Service in August 2008, cynically promoted DPP and MegaLido to other members of ASD, suggesting these miserable enterprises provided a way for people who lost money in ASD and Golden Panda to get it back quickly.

    Good grief: 144 percent in 12 days — later slashed to a “more realistic” 150 percent in 30 days.

    There was an earnings “calculator,” of course.

  • AP: Fraudster’s Self-Styled Litigation Strategy Led To Lengthier Prison Terms For Followers; Neville Solomon Cited UCC, Religious Passages Instead Of Listening To Lawyer

    A 67-year-old fraudster who did not listen to his attorney and embarked on a bizarre legal strategy was sentenced to a longer prison term as a result, the AP is reporting.

    Meanwhile, the AP is reporting that Neville Solomon met several other defendants in jail and shared his strategy, resulting in longer sentences for inmates who followed his advice, which cited the Uniform Commercial Code (UCC) and religious passages.

    One of the prongs of Solomon’s strategy was to repeatedly say, “I accept your offer and return it for value,” according to the AP.

    Read the AP story, which quotes a federal judge as saying a “whole bunch of people wound up in prison for a lot longer time than they should have” as a result of relying on improper defenses. At the same time, the story quotes a federal prosecutor who lamented the “crazy defense ideas out there.”

    Some of the legal notions advanced by Solomon are similar to the notions advanced by AdSurfDaily President Andy Bowdoin.

    Bowdoin, acting has his own attorney, advised a federal judge in 2009 that the mere filing of a pro se court document accomplished his objective of reversing a decision he made to surrender tens of millions of dollars in a Ponzi scheme forfeiture case “as a matter of law.”

    U.S. District Judge Rosemary Collyer disagreed, ordering the forfeiture of more than $65.8 million from Bowdoin’s bank accounts.

    The Solomon strategy also was reminiscent of a legal approach advocated by ASD member Curtis Richmond, a member of a Utah “Indian” tribe a federal judge ruled a complete “sham” in 2008. The “tribe” relied on fraudulent UCC claims in a bid to extort members of law enforcement, according to court filings.

    Elsewhere, a federal judge in Washington state ordered bogus UCC liens filed against government officials to be struck last month.

    Bogus liens filed by Ronald James Davenport of Deer Park sought the spectacular sum of nearly $5.2 billion from each of the officials, including U.S. Attorney James McDevitt of the Eastern District of Washington, an assistant U.S. attorney, a court clerk and an IRS agent, according to court records.

    Prosecutors described Davenport as a “tax defier.” Davenport has described himself in court filings as a “sovereign.”

    Davenport now has been charged criminally with filing false liens. If convicted, he faces up to 40 years in prison.

    In February, a federal jury found Solomon guilty of money laundering. Prosecutors said he and an associate, Frederick W. Keiser Jr. of Minot, N.D., “promoted a scheme to fraudulently obtain money from potential investors by inducing them to wire money to a company called MidChina Capital Management” in Las Vegas.

    “The phony investment promoted by Solomon and Keiser involved a fictitious bank trading or bank guarantee program in which bank instruments were to be obtained,” prosecutors said. “Solomon and Keiser convinced their victims that the bank instruments would generate exorbitant yields which would be used to fund other income-generating projects for MidChina, which in turn would result in investors gaining enormous returns.”

    Solomon now has been sentenced to 86 months in federal prison and ordered to forfeit $2,043,235 — the proceeds of the fraud scheme.

    “The sentence received by Mr. Solomon shows that investors who get defrauded like this will sit quietly waiting for their great returns for only so long,” said Assistant U.S. Attorney Brett Shasky. “If the promised return isn’t forthcoming and the investment isn’t returned, they will be heard. Persons choosing to promote such schemes should beware. The day will come when the price they pay for their greed will be great.”

    The pro se notions advanced by Solomon also are reminiscent of approaches used by defendants in the infamous 3 Hebrew Boys Ponzi scheme in South Carolina. They’re also similar to notions advanced in the Gold Quest International (GQI) Ponzi and securities-fraud case in Nevada.

  • DATA NETWORK AFFILIATES: Churches Have ‘MORAL OBLIGATION’ To Pitch Members On Firm’s ‘Mortgage Reduction’ Program; Purported Data And Cell-Phone Firm Venturing Into Foreclosure-Rescue And ‘Resort’ Businesses

    A multilevel-marketing (MLM) company that positioned itself as a firm that collected data that could be used by law enforcement and the AMBER Alert program to rescue abducted children — and later declared itself the world champion of cell-phone pricing — may be entering the foreclosure-rescue and real-estate businesses, members said.

    News about the purported moves of Data Network Affiliates (DNA) follows on the heels of federal sweeps in which 1,215 defendants were charged criminally in real-estate fraud cases and the FTC banned more than a dozen companies from selling mortgage-relief services.

    One of the firms charged by the FTC was assessed an $11.4 million fine when it was found to be in contempt of court for violating previous sanctions, the FTC said.

    In the FTC cases, enrollees in the purported mortgage-relief programs were charged “up-front fees and made false promises that they could get their loans modified or prevent foreclosure,” the agency said.

    DNA has advised members that it intends to charge a fee of $1,500 and that some affiliates can earn commissions by recruiting hard-hit homeowners into a program known as “DNA Mortgage Reduction.”

    In an email to members, DNA suggested that churches were an excellent place from which to recruit members into the mortgage-reduction program (italics and bold added):

    “DNA Mortgage Reduction is a SUPER BIG HIT… Sorry only for USA Properties for now… Even the smallest package upon the $1500 payment once we know the person has a case… (remember it is 100% free to see if a person qualifies for the program)… Pays a MINIMUM to ALL Affiliates $100 1st level; $5 on levels 2 to 9; and $50 on level 10… Plus the PROS earn up to 100% Matching Bonus…

    “REMEMBER that is the smallest package for homes up to $125,000… There are so many Million Dollar homes out there that qualify and for them the fee is less than ONE MORTGAGE PAYMENT… We estimate that DNA will have tens of thousands of home owners who will purchase this package once they find out they qualify for such… THE SAD NOTE IS: that 9 out of 10 people who do qualify don’t even know this service exist… THAT IS WHERE YOU COME IN… Our DNA Vendor is even offering incentives of $1,000 to $10,000 CASH BONUSES to DNA Affiliates who personally reach multiple sale quantities within a 90 day period…

    “THINK OF ALL THE CHURCHES… They have a MORAL OBLIGATION to let their Church Members know about this DNA OFFER… There are Churches that could turn in 100 to 1000 applications in 30 days… ALWAYS REMEMBER IT IS 100% FREE TO FIND OUT IF YOU HAVE A CASE… Statistics say that 85% of all mortgages written from 1996 to 2006 will qualify…”

    How DNA arrived at the conclusion its $1,500 mortgage-reduction program was a “SUPER BIG HIT” when it appears to be only days old was unclear. Also unclear are how DNA arrived at the conclusion that churches have a “MORAL OBLIGATION” to point members to DNA, how DNA arrived at its estimate that “tens of thousands of home owners” will purchase its package and the source of the “statistics” DNA used when advertising that “85%” of mortgages written between 1996 and 2006 “will qualify.” The name of DNA’s “vendor” also was unclear.

    DNA, which is believed to have no ability to help either law enforcement or the AMBER Alert system and no capacity to deliver cell-phone service despite YouTube claims it had a branding deal with Apple’s IPhone and could offer “unlimited” service for $10 a month  — also recently has pitched members on an “opportunity” called the “DNA Resorts Program,” members said.

    The program also has been referred to by DNA as the “DNA SPA & Resort” program,  which purportedly features a “No Interest Easy 24 Month Payment Plan” of $625 a month. DNA is soliciting members to spend $14,995 on the resorts program, suggesting that some prospects will put the entire amount on a credit card.

    Meanwhile, in an earlier pitch for the purported mortgage-reduction program, DNA suggested applications would be vetted to determine if “Mortgage Compliance Violations” had occurred. (Italics added.)

    “Are you a Victim of Deceptive Predatory Lending Practices?

    “Is your Value of your home UPSIDEDOWN?

    “Find out if you may be a Victim of Mortgage Compliance Violations involving Predatory, Deceptive, Discriminatory and Unfair Lending and Servicing Practices. These Unfair Lending Practices have placed thousands of HOMEOWNERS all over the United States into Non-Affordable Mortgage Programs.”

    DNA, whose domain registration data is hidden behind a proxy in the Cayman Islands but lists a street address in Boca Raton, Fla., on its website, may be venturing into even choppier waters with its mortgage and resort pitches.

    “The possibility of losing your home to foreclosure can be terrifying,” the FTC says. “The reality that scam artists are preying on the vulnerability of desperate homeowners is equally frightening. Many so-called foreclosure rescue companies or foreclosure assistance firms claim they can help you save your home. Some are brazen enough to offer a money-back guarantee. Unfortunately, once most of these foreclosure fraudsters take your money, you lose your home, too.”

    Read details about recent mortgage-relief scams targeted by the FTC.

    DNA says it is promoting its mortgage-reduction and resort programs in a webinar and that it believes “9 out of 10 people who attend this upcoming DNA Webinar will say ‘YES’ to DNA.”

    The “one” who says no will be offered the “FREE DNA PSYCHIATRIC DISCOUNT PLAN,” DNA said in an email to members.

  • Atlanta Journal Constitution: 3 Floridians Charged In Alleged $425 Million ‘Yellow Pages’ Directory Scam; Separate Research Shows Brother Of 1 Of The Defendants Is International Fugitive

    WANTED BY U.S. POSTAL INSPECTION SERVICE: Charles Robert Smith

    The Atlanta Journal Constitution and the Florida Times Union are reporting that three Jacksonville-area residents have been charged in an alleged $425 million fraud scheme involving mass solicitations for the renewal of dubious “Yellow Pages” listings.

    Separately, the brother of one of the defendants is listed as an international fugitive by the U.S. Postal Inspection Service in his own alleged Yellow Pages scheme.

    Charged in federal court in Atlanta were Mark Stuart Smith, Christopher Jon Gregory and Marian Phelan. The defendants were associated with a company known as United Directories, the newspapers reported.

    Smith’s brother, Charles Smith, was indicted last year in Atlanta on similar charges, the Times Union reported. The U.S. Postal Inspection Service (USPIS) has published a “Wanted” poster on Charles Smith, whose full name is Charles Robert Smith. Charles Smith also uses the alias of  Joseph Austin Smith, according to the USPIS.

    Charles Smith, according to the USPIS, is believed to have passports and Florida driver’s licenses in both names. He is described as an international fugitive possibly living in Tanzania, and is believed to travel extensively in Europe and Africa.

    Postal inspectors and state attorneys general have battled several variants of Yellow Pages scams over the years. Charles Smith, according to records, has been implicated in such scams for at least two decades.

    The Federal Trade Commission, among other agencies, has issued warnings about Yellow Pages scams. So has the state of North Dakota.

    Selling “Yellow Pages” listings on the Internet to create the impression that customers have purchased an ad in well-known, local print publications is one variant of the scam.

    Another variant is to send businesses a bogus bill for “Yellow Pages” listings. Because firms frequently purchase such listings and associate the “walking fingers” logo with legitimate print and online publishers, they often pay the bill without looking.

    Yet another variant of the scam is to send what appears to be a small “refund” check to businesses for overpayment of a “Yellow Pages” bill. When recipients endorse the checks, they actually are entering into a contract and agreeing to be automatically billed for advertising purchases.

    On May 26, 2009, the PP Blog reported that the AdViewGlobal (AVG) autosurf, which had close ties to the alleged AdSurfDaily Ponzi scheme operated from Florida, appeared to be in the process of launching a purported Yellow Pages directory service. Whether AVG planned to offer the purported service independently or through a partnership with a vendor was unclear.

    With great fanfare in May 2009, AVG announced that it was launching a new website and offering a new suite of purported services. The launch ultimately failed — but not before AVG had published a “walking fingers” logo to which the acronym “AVGA” had been added.

    Read the early story on the charges against Mark Stuart Smith, Christopher Jon Gregory and Marian Phelan in the Atlanta Journal Constitution.

    Read the story in the Florida Times Union.

    Visit the USPIS website to view the “Wanted” poster of Charles Robert Smith.

    Search for “Smith” in this USPIS document to get additional background.

    In the alleged Charles Smith scheme, “More than 10,000 victims lost an estimated $10 million,” USPIS said. Some of the money allegedly ended up in a Swiss bank account.

    During the course of the Charles Smith probe, “[i]nspectors and agents also found documents indicating that Charles Robert Smith was trying to liquidate funds in a brokerage account and several other bank accounts by purchasing one-ounce gold coins from dealers across the United States,” USPIS said.

    “Charles Smith had also recently placed a $42,000 deposit on a $1.2 million jet from Epic Air in Las Vegas, Nevada. Inspectors used information from the documents to obtain seizure warrants for the following items: – $323,793 from a brokerage account at Investscape. – 690 one-ounce American Eagle gold coins valued at $293,940. – 545 one-ounce Austrian Philharmonic gold coins valued at $228,900. – $42,000 down payment for the purchase of the jet, which had been converted into $30,000 worth of airplane parts and $12,000 in cash.”

  • MYSTERIOUS: WebsiteTester.Biz Getting Stranger By The Moment; Apparent Parent Company Of Website Now Advertising ‘Job’ Opportunities

    Alpha Market Research, the apparent, Nevada-based parent company of a website known as WebsiteTester.biz, now is advertising “job” openings  on its Twitter site.

    The domain ownership of both Alpha Market and Website Tester is hidden behind a proxy, and both sites appear to be hosted on the same server. Alpha Market has been issuing news releases on PRLog.org, a free PR site, for weeks.

    A Twitter site bearing Alpha Market’s name began to promote “Amazing new job opportunities” today.

    “We are looking for Country Managers and Affiliate Management Consultants,” the Twitter site claimed.

    A link from the Twitter site encourages visitors to “Apply now!” Some of the information presented includes fractured and overblown syntax that suggests the words were written by an individual or individuals who speak English as a second language or a native speaker of English who favors flowery, overbearing prose and does not have command of the language.

    Website Tester has been promoted on Ponzi boards such as Talk Gold, ASA Monitor, MoneyMakerGroup and the Online Success Zone. The search-engine penetration of the purported “opportunity” is nothing short of remarkable.

    Here is a snippet from the Alpha Market website (italics added):

    “Today, the clarity, the functionality and a fast and simple navigation decide if a company is successful on the internet. Providers without the right ‘internet tools’ have visibly less success even though their products/services might be identical to their successful competitior.

    “Therefore the internet user is placed at a crucial position; he alone decides if a website can succeed or fail on the market.

    “For that reason, Alpha Market Research (AMR) offers from September 2010 and on, a very special service: Thousands of neutral users are going to test (in a few days) the web site of a company and assure, through their feedback, that the internet presence can be optimized where necessary, before expensive publicity adjustments are made in vain.”

    Visitors are encouraged to “Apply now!

    “To be able to cope with all the orders from companies in timely manner AMR is looking for people, who want to work part time as website testers. There is no previous knowledge necessary; the workload is between 1 and 10 hours per week, depending on to how many fields of interest the applicant has inscribed,” the company says.

    Job openings are listed for “Website Tester,” along with “Country Manager / State Manager and “Affiliate Management Consultant.”

    For the position of Website tester, Alpha Market says this (italics added to snippet):

    “The position as a website tester is perfect for any person over the age of 16 who uses the internet from time to time.

    “Your job is to go to the websites of our clients and to fill out a short survey about that website. The compensation for this position is determined by the quality and quantity of your completed surveys. You are paid in money and/or vouchers that are in the range of $15 – $25 US/hr.”

    For the position of Country Manager / State Manager, Alpha Market says this (italics added to snippet):

    “As a Country or State Manager, your job would be to respond to all company inquiries in your country/state and to cultivate new business wherever possible in your territory.

    “In addition, it would be your responsibility to screen the actual website test very carefully, to insure that the use of words/phrases/text blocks/etc. ‘make sense’ in your native language so that all the chosen website testers can easily understand and read the instructions/the survey questions/etc., and complete their job quickly and easily.”

    Meanwhile, for the position of “Affiliate Management Consultant,” Alpha Market says this (italics added to snippet):

    “We are also creating an Affiliate Marketing Program for our company clients and as an Affiliate Management Consultant, your clients will be the companies that want to increase their business. You will show them how we can help them acquire more customers as we offer our website testers an additional source of income by promoting their products/services on a commission basis.

    “We will need a very select group (maybe 50 – 100 worldwide) of Affiliate Management Consultants.”

    See earlier story.

  • Now, A $145 Million Fraud Scheme in Utah; SEC Charges Travis Wright Amid ‘Sandwich In A Can’ Allegations

    A Utah man whose assets — including a taxidermy of a full-body African lion — was put on the action block amid Ponzi allegations earlier this year was selling unregistered securities and running a $145 million offering fraud, the SEC said today.

    Charged in the case was Travis L. Wright. The SEC said the scheme raised “nearly $145 million from approximately 175 investors” by providing investors promissory notes issued by Waterford Loan Fund LLC.

    The notes purportedly were secured by a lien on a trust that held all the assets of the fund, but Wright made “numerous” misrepresentations to investors, the SEC charged.

    Waterford was placed in bankruptcy last year, and Ponzi allegations emerged. The asset sale was billed in April as stemming from the proceeds of “one of the largest alleged Ponzi fraud cases in Utah.”

    Among the taxidermy items put up for bid were a “full body African lion,” Cape Horn buffalo, African antelope and hyena, wildebeest and other exotic animals. Forty-three firearms also were put up for auction, along with “beautiful, top-quality office furniture,” paintings, Persian and Oriental rugs, “fine home furnishings, antiques and more.”

    In June, the FBI said that recent Ponzi schemes and cases of investment fraud have cost Utah residents an estimated $1.4 billion. Some of the schemes were targeted at Mormons, the agency said.

    About 370 investigative “subjects” — defined as “potential perpetrators” in current cases — have been identified, and the agency and its law-enforcement partners have embarked on a public awareness and education campaign aimed at keeping Utahns safe from scammers.

    About 4,400 people have been affected by investment-fraud schemes in the state, the FBI said. The education campaign includes billboards and public-service messages.

    Among the allegations by the SEC against Wright was that he directed money to a company that planned to sell a product through vending machines. The product was described as a “sandwich in a can.”

    The SEC asserted that Wright told investors “that their funds would be used only to make loans secured by commercial real estate, when in fact he used their funds primarily for loans and investments having nothing to do with real estate.”

    Meanwhile, Wright told investors their promissory notes were secured by interests in a trust, “but no such trust existed” and “the notes were not secured,” the SEC said.

    Although Wright told investors that Waterford would never lend more than 50 percent of the value of its real estate holdings, he did not disclose “that he never obtained an appraisal or valuation of real estate before lending investor funds against it” and that “he was using investor funds to pay for a lavish lifestyle for himself and his friends and family,” the SEC charged.

  • IT’S OFFICIAL: One Of Andy Bowdoin’s Lawyers Confirmed As U.S. Attorney; Another Tabbed As Federal Magistrate Judge; Firm Put In Charge Of Unraveling Wayne McLeod Ponzi Scheme

    Andy Bowdoin

    It’s enough to fuel the AdSurfDaily conspiracy theorists for years: Pamela Marsh, who represented ASD President Andy Bowdoin in a pyramid-scheme case in state court in Florida, has been confirmed by the U.S. Senate as the new U.S. Attorney for the Northern District of Florida.

    Meanwhile, Jonathan Goodman, one of the attorneys who represented Bowdoin in the Ponzi-scheme forfeiture case filed in U.S. District Court for the District of Columbia, has been appointed a federal Magistrate Judge in U.S. District Court for the Southern District of Florida.

    At the same time, an attorney for Akerman Senterfitt — the firm that employed both Marsh and Goodman — has been appointed to unravel the alleged K. Wayne McLeod Ponzi scheme that targeted members of law enforcement.

    Akerman Senterfitt’s Michael I. Goldberg already has begun his duties as receiver in the McLeod/Federal Employee Benefits Group case.

    President Obama appointed Marsh U.S. Attorney in April. She was confirmed by the Senate June 22.

    “Pam’s deep understanding of the law and commitment to excellence and ethics in her work made her a strong asset to the firm and she is the perfect choice to lead this important office,” said Andrew Smulian, chairman and chief executive officer of Akerman Senterfitt. “Pam has had great success in both the public and private sector and I am confident she will bring these impressive talents to her new role. We are particularly proud that Pam continues the tradition of Akerman attorneys who have made a special commitment to public service.”

    Marsh and Goodman have considerable experience as both prosecutors and defense attorneys.

    Bowdoin, 75, went on to fire an unclear number of attorneys representing him in state or federal court in ASD-related litigation, citing alleged incompetence and a conspiracy theory that his lawyers were only “looking out for the best interest of the government.”

    In 2008, federal prosecutors claimed Bowdoin had “followers.” In September 2009, they claimed he was “delusional.”

    Court records suggest Bowdoin withheld key information from both his attorneys and ASD members. While claiming in court that ASD was broke and could not pay its rent, Bowdoin did not disclose that ASD had $1 million in an offshore account under a different name, federal prosecutors said.

    He also claimed that “Ponzi” allegations against the company in Florida had been dropped, but the office of Florida Attorney General Bill McCollum pointed out that Bowdoin had never been accused by the state of operating a Ponzi scheme. The state brought pyramid allegations against the company.

    Despite federal allegations that Bowdoin was using an appeal to religion and operating a $100 million Ponzi scheme through 10 bank accounts in his personal name and that ASD was buying real estate, cars, jet skis, a boat and marine equipment with criminal proceeds, followers by the thousands initially lined up to support him.

    Some of his supporters said they associated themselves with a theory that the U.S. Congress met in secret session during the 1990s — a decade in which Bowdoin pleaded guilty to fleecing Alabama investors in a securities scheme — to pass secret legislation in anticipation of a visit by reptilian aliens.

    Some supporters also said they believed President Kennedy was assassinated in 1963 because he was about to expose a banking conspiracy.

    Eventually dozens of pro se litigants attempted to intervene in a forfeiture case brought by the U.S. Secret Service in August 2008. Some of them advanced a theory that prosecutors and judges were conspiring against Bowdoin.

    Others claimed the government had neither evidence nor witnesses, claims that were publicly refuted in court filings even before the claims were made. At least one ASD member sought unsuccessfully to force the ouster of U.S. District Judge Rosemary Collyer, claiming she was conspiring with another federal judge to deny justice to ASD members and operating a “kangaroo court.”

    The same member — Curtis Richmond — also sought unsuccessfully in 2008 to oust a federal judge in a separate case by claiming the judge owed him $30 million.

    Bowdoin himself also tried unsuccessfully to oust Collyer. One of his supporters falsely claimed the government had invested the seized funds and recorded a profit of more than $1 billion.

    In September 2009, Bowdoin claimed that his battle against the government was inspired by a former Miss America. He previously claimed the raid on ASD was the equivalent of the 9/11 terrorist attacks that killed nearly 3,000 people, and described the Secret Service and prosecutors as “Satan.”

  • Receiver For Alleged Wayne McLeod Ponzi Scheme That Bilked Government Workers Opens Website; Michael I. Goldberg Asks For Help From Victims

    Saying he is interested in receiving input from victims, the court-appointed receiver in the alleged K. Wayne McLeod/Federal Employee Benefits Group Ponzi scheme has opened a website titled after the name of one of the companies named a defendant in the case by the SEC.

    Also named a defendant in the SEC case was another McLeod entity known as F&S Asset Management Group Inc. (FSAMG). McLeod died June 22. His death has been described by the Jacksonville Sheriff’s Office as a suicide. The SEC said in court filings last week that McLeod admitted to operating a fraud scheme after being confronted with evidence.

    He initially painted his company in a favorable light, according to court filings.

    The URL for the receiver’s site is FEBGinfo.com. (See link below.) Federal Employee Benefits Group went by the acronym FEBG and allegedly offered two bond funds that used the same acronym: FEBG Bond Fund and FEBG Special Fund. Both purported funds were scams, the SEC said.

    Receiver Michael I. Goldberg, a veteran attorney who also holds an MBA and has considerable experience in unraveling Ponzi schemes, cautioned that his probe was in its early stages.

    Goldberg’s early suggestions for creditors and victims are here.

    He noted that he was open to ideas, while also suggesting at least some of the victims may have “years of investigatory experience” that may be helpful to his probe.

    The SEC said the scheme, which is alleged to have begun in 1988, was targeted at government workers and law-enforcement agents. McLeod allegedly raised at least $34 million from an estimated 260 workers.

    Investigators said the government paid McLeod “up to” $15,000 to speak about benefits and retirement planning to government workers.

    Here is the link to the FEBG receivership site.

    Here (below) is a snapshot from one of the SEC filings in the case. Read the full document here.

  • UPDATE: June Ends With No Cell-Phone Plan From Data Network Affiliates; Company’s ‘Nature Of Business’ Under Review By BBB

    June closed with no cell-phone package from Data Network Affiliates (DNA), despite claims on YouTube that the firm offers “unlimited” talk and text with a free phone for $10 a month.

    Separately, the Better Business Bureau of Southeast Florida and the Caribbean now says it is looking into the “nature” of DNA’s business and assigned the firm an opening grade of “C-” on its 14-step ratings scale. In recent weeks, DNA, whose website is registered behind a proxy in the Cayman Islands, has listed a street address in Boca Raton, Fla.

    It is not unusual for the BBB to give a company an acceptable rating while it is gathering information and then adjust the rating based on the information it collects. Narc That Car (Crowd Sourcing International) once had a “B-” rating from the BBB. Narc/CSI’s rating eventually was lowered to “F,” but could have remained stable at “B-” or even improved had the organization been satisfied by the explanations it received from the Dallas-based company.

    The information the BBB now has on DNA can aptly be described as threadbare. No complaints have been filed against the firm, according to the BBB. The BBB’s listing for DNA first appeared in late June.

    Like Narc/CSI, DNA purports to be in the business of paying members to record the license-plate numbers of automobiles for entry in a database. The BBB has raised pyramid concerns about the business model Narc/CSI employs.

    DNA originally positioned itself as the “free” alternative to Narc/CSI, which charges “consultants” an up-front fee of $100 to qualify to become data-gatherers and earn the right to recruit other “consultants” and receive commissions based on their recruiting prowess. Like Narc/CSI, DNA said its database product would be helpful to law enforcement and also could be used as a tool to locate abducted children.

    Although positioning itself as “free” and signing up members by the tens of thousands, DNA later pitched a $127 upgrade that purportedly would make it easier for members to enter plate data. The company described its “free” data-entry module as a clunker in an email to members. The company later pitched members on a purported “magnetic” healthcare product and also said it offered “juice.”

    DNA has been associated with a series of communications that even its former chief executive officer described as bizarre. The former CEO, Dean Blechman, resigned Feb. 24 while the company was in prelaunch. Blechman said the firm delayed his resignation announcement for nearly a week, and then butchered the announcement when it finally was issued in early March.

    By April, DNA said it had entered the cell-phone business, declaring “GAME OVER — WE WIN” despite the fact it appears to have had no experience in the cell-phone industry. The company announced it would offer unlimited talk and text with a free phone for $10 a month, but then withdrew the announcement three weeks later, saying it had not studied cell-phone pricing prior to advertising its purported $10 plan.

    The $10 plan was advertised by DNA pitchmen on both Craigslist and YouTube. Some videos on YouTube implied that DNA was offering a branded I-Phone from Apple for $10 a month. Apple did not respond to requests for comment on DNA’s purported branding program.

    DNA, which has used a free Gmail address to conduct customer service, has published an image of an I-Phone for weeks. DNA’s website advertised “Full Operations” for cell phones beginning in “June 2010.” A link on that page leads to a page that incongruously says, “DNA Cellular Begins Full Service May 2010.”

    Visit the BBB’s early listing on DNA.

  • WebsiteTester.Biz Pitched On Reborn GoldenPandaAdZone Forum, Plus MoneyMakerGroup, TalkGold And Other Ponzi Havens

    EDITOR’S NOTE: This story originally was published June 30. The PP Blog later encountered a database problem, which caused the site to go down and resulted in the temporary loss of some data. The data now has been retrieved.

    This story is about a new site known as “WebsiteTester.biz,” but some background is in order.

    It turns out that the April reports of the demise of the Golden Panda Ad Zone Forum, which changed its name to the Online Success Zone (OSZ), were premature.

    OSZ now is back online — and a poster is pitching  “WebsiteTester.biz,”  which appears to be promoting itself as an upstart advertising “testing” platform.

    Positioning surfing sites as testing platforms dates back at least to the CEP Ponzi scheme. Last summer, the failed AdViewGlobal (AVG) autosurf, which had close ties to the AdSurfDaily autosurf, was trying to reposition itself as an ad-testing site.

    Just prior to going offline in April, OSZ was pushing Narc That Car and Data Network Affiliates, two highly questionable companies  whose membership roster includes people linked to alleged Ponzi or pyramid schemes. OSZ got its start as the Golden Panda Ad Zone forum after the U.S. Secret Service seized more than $80 million from ASD and its purported “Chinese” autosurf companion, Golden Panda Ad Builder.

    During the summer of 2008, with ASD at its zenith and about to be accused of operating a Ponzi scheme, a predecessor to the INetGlobal autosurf also was coming online. INetGlobal eventually morphed into a surf site that largely targeted Chinese members, according to the Secret Service, which is investigating INetGlobal as its operator, Steve Renner, is in federal prison serving time for income-tax evasion.

    The ASD and Golden Panda money was seized amid allegations of wire fraud, money-laundering, selling unregistered securities and operating a Ponzi scheme. A forfeiture complaint in the case alleged a conspiracy with unnamed participants, and ASD was sued separately under the federal racketeering statute by members who also alleged a conspiracy was under way.

    Participants’ marketing of WebsiteTester.biz. occurs against the backdrop of a forceful statement by federal prosecutors in Illinois that virtually all HYIPs are Ponzi schemes. Autosurfs are a form of an HYIP program.  The business model of WebsiteTester.biz is unclear, and the company has not been accused of wrongdoing.

    In the Illinois case, Pathway To Prosperity (P2P) was alleged to have operated a global Ponzi scheme that gathered more than $70 million and fleeced more than 40,000 people. Nick Smirnow, P2P’s operator,  has a criminal past dating back to at least 1979, including convictions for breaking and entering, driving the getaway car in a robbery and cultivating and selling drugs. He also told a colleague he was involved in a double homicide in Canada and claimed to have ties to organized crime in Ontario, according to court filings.

    Posts on forums such as ASA Monitor, TalkGold and MoneyMakerGroup sought to sanitize the P2P scheme, authorities said. This important piece of information seems to have escaped the OSZ forum, which apparently continues to operate on the theory that HYIPs, autosurfs and cash-gifting programs somehow are a legitimate form of commerce.

    Incongruities abound in the autosurf and HYIP universes. “WebsiteTester.biz,” the apparent new darling of Ponzi boards such as OSZ, has a domain that is registered behind a proxy. It is unclear if any of its early boosters even know who owns the company or could name a single executive or a board member. Because the site’s business model is unclear, promoters are pitching a program they know virtually nothing about.

    The mere fact the “opportunity” is being pitched on the Ponzi boards shows, at a minimum, that promoters instinctively turned to the cesspools to drive business to the company.

    On its website, Website Tester, which purportedly is in prelaunch,  says this (italics added):

    “FINALLY . . . This is the business you have waited for so long:

    “It is completely free, you earn through EVERYBODY who registers after you, even if you do not sponsor people; you must not sell or buy anything. Guaranteed!

    “The faster you register, the more can be your potential income, even if you do nothing else than register for free . . .

    “How does it work? – It’s simple!

    “A market research company from the USA is searching for internet users all over the world, who get paid for testing websites and giving a short opinion. You also can earn up to 1,000 US$ per month working 1 to 10 hours weekly.

    “Even if the job as a website tester is not for you, you can earn two passive incomes month after month.”

    Excuse us while we vomit.

    Based on information on the landing page of WebsiteTester, the upstart company appears to have a tie to an upstart, Las Vegas-registered company known as Alpha Market Research Inc.  Alpha Market appears to have a Twitter site from which it relentlessly links to self-produced news releases that are posted on PRLog.org, a free press-release distribution service.

    Hey, did you see how the SEC described a scam yesterday that allegedly relied on Twitter and Facebook to help line up people to be fleeced in a securities swindle?

    Here is a paragraph from one of Alpha Market’s PR gems:

    “Global marketing is nothing but marketing done on national and international level and which involves understanding the similarities, dissimilarities and taking advantage of the opportunities to attain the goal.”

    Here is another gem:

    “When you buy something from eBay, Amazon.com or any online store, you’ve participated in e-commerce.”

    Meanwhile, here is yet another:

    “If you do not have a ghostwriter writing your blog content, then it means you will need to spend some time writing some blog posts.”

    Separate from its news releases, Alpha Market says this (italics added):

    “Potential clients who are disturbed by trifles during the ordering process are often unaware of exactly why. For you, the entrepreneur, the big questions remain: why did the potential client visit your website and why did they accept or not accept your offer?

    Alpha Market Research, Inc. starts exactly at this point: we make your website available for thousands of AMR website-testers, assigned in groups of age and interest – this way we get detailed feedback with an honest evaluation of your website.

    Like WebsiteTester.biz, AlphaMarketResearch.com is registered behind a proxy. The Alpha Market site was registered May 28, according to records. The Web Tester site was registered five days later, on June 2. Alpha Market’s Twitter site appears to date back to June 4.

    The buzz about Website Tester also is occurring against the backdrop of the launch of yet-another surfing company: AdPayDaily (APD).

    APD, which appears to have promotional ties to ASD and AVG, is running an AVG-like series of promotions that offer bonuses.

    Interestingly, APD, which appears to have only about 550 members despite virtually nonstop flogging for weeks, now says members can send in as much as $10,000.

    Website Tester, at the moment, appears just to be gathering names — and generating excitement by publishing the names of the latest registrants on the left side of its landing page. The names suggest the enterprise is attracting many people from outside the United States, but it is far from clear if anything about the company is real.